Orissa Court November 1956 Judgments
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Gawa Adinarayana Vs. the State
Court: Orissa
Decided on: Nov-09-1956
Reported in: AIR1957Ori229; 23(1957)CLT22; 1957CriLJ1155
Narasimham, C.J. 1. This is a revision against the appellate judgment of the Sessions Judge, Ganjam-Nayagarh, dismissing the appeal of the petitioner and maintaining his conviction under Section 47(a) of the Excise Act, read with Section 65 of that Act, and the sentence of three months' Rule I. and fine of Rs. 150/- passed by the Magistrate, First Class, Khurda. 2. The petitioner was prosecuted for being in unlawful possession of illicitly distilled liquor. The case was tried as a summons case and on being examined under Section 242, Cr. P.C., he admitted the recovery of illicitly distilled liquor from his possession and pleaded guilty. In view of this plea no evidence was recorded and he was convicted and sentenced as stated above. 3. Mr. J.K. Mohanty on behalf of the petitioner urged that an offence under Section 47 (a) and (f) of the Excise Act, read with Section 65 of that Act, was triable as a warrant case and that its trial as a summons case has highly prejudiced the petitioner. ...
Udayanath DakhIn Ray Vs. Shivapriya Devi and ors.
Court: Orissa
Decided on: Nov-07-1956
Reported in: AIR1957Ori199; 23(1957)CLT52
Das, J.1. This is a husband's second appeal arising out of his suit for restitution of conjugal rights. The wile of the appellant was defendant 1 and his parents were defendants 2 and 3. The plaintiff married the first defendant on 3-2-49. She lived in her husband's house until 19-2-49 when she left for her father's place. The plaintiff's case is that since then she is living with defendants 2 and 3. and in spite of repeated requests did not come back to his house Hence the plaintiff filed the suit on 17-2-50. The defendants in their written statement admitted the marriage of the plaintiff with the 1st. defendant, and averred that due to financial difficulties there was some delay in sending the first defendant to the house of her husband and when defendant 2, that is the father of defendant 1 was getting ready to send her to her husband, he received information that the plaintiff had married for the second time to the daughter of one Chandrakanta Beura of Cutt-ack. Accordingly, it was...
Ch. Venkata Swamy Vs. Superintendent, Post Offices and anr.
Court: Orissa
Decided on: Nov-06-1956
Reported in: AIR1957Ori112
Das, J. 1. This is an application under Article 226 of the Constitution of India against an order of dismissal of the petitioner, dated 27-11-54. The petitioner's case was that he was appointed on 7-9-25 as an extra-departmental branch post-master of Golabando. in Berhampur Division by the opposite party on a monthly salary of Rs. 25/-. On 24-2-54 the Superintendent of Post Offices, Berhampur Division, issued a letter to the petitioner to the effect that it was reported that he was indulging in politics, especially pro-Andhra activities which are against the Government Servants' Conduct Rules, and he was asked to explain within five days from the receipt of the letter as to why drastic action should not be taken against him. The petitioner duly submitted his reply on 1-3-54 pleading absolute innocence. On 13-3-54 a warning was issued by the Superintendent of Post Offices, Berhampur Division, to the petitioner in the following terms: 'You should remain aloof from politics, especially pr...
Jagannath Agarwalla Vs. State of Orissa and anr.
Court: Orissa
Decided on: Nov-05-1956
Reported in: AIR1957Ori42
Mohapatra, J. 1. This is a petition for leave to appeal under Article 133 of the Constitution against a decision dated 16th November 1955 of this Court in O.J.C. 401 of 1954. The petitioner alleges that he started business In January 1943 at the instance of the ex-Ruler of Mayurbhanj. The business was running in the name of Indian Chemical Products, the main purpose being manufacture of industrial alcohol and essential oils.It was agreed between the petitioner and the ex-Ruler of Mayurbhanj that each would contribute a moiety towards the capital of the business and each would have to suffer half the loss, if any, in the business. The petitioner further alleges that after the merger of the State of Mayurbhanj within the State of Orissa, the business had to be closed as the petitioner had suffered considerable loss.Under the provisions of the Administration of Mayurbhanj State Order, 1949, the petitioner laid his claim against the State of Mayurbhanj on 24th March 1949 before the Sub-div...
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